Buchanan v. State

Court of Criminal Appeals of Texas

Buchanan v. State

846 S.W.2d 853, 1993 Tex. Crim. App. LEXIS 39, 1993 WL 37428

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 17, 1993

DocketNos. 560-91, 561-91

StatusPublished

Cited by2 cases

This text of 846 S.W.2d 853 (Buchanan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buchanan v. State, 846 S.W.2d 853, 1993 Tex. Crim. App. LEXIS 39, 1993 WL 37428 (Tex. 1993).

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Opinion

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

In a single trial, a jury convicted appellant of the offenses of unauthorized use of a motor vehicle and theft of property over $750.00. The trial court assessed punishment at ten years confinement in the penitentiary for each offense. Appellant’s sentences were to run concurrently. The Fourteenth Court of Appeals affirmed these convictions in a published opinion. Buchanan v. State, 807 S.W.2d 644 (Tex.App—Houston [14th Dist.] 1991).

We granted appellant’s petition for discretionary review to determine whether the court of appeals erred in upholding the trial court’s practice of allowing jurors to question witnesses by submitting written questions to the court. This Court has since held such a practice to be error which is not subject to a harm analysis. Morrison v. State, 845 S.W.2d 882 (Tex.Cr.App.1992, rehearing denied January 27, 1993). The court of appeals’ opinion was handed down before our decision in Morrison. Therefore, we vacate the judgment of the court of appeals and remand the cause to that court for reconsideration in light of our opinion in Morrison.

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OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

In a single trial, a jury convicted appellant of the offenses of unauthorized use of a motor vehicle and theft of property over $750.00. The trial court assessed punishment at ten years confinement in the penitentiary for each offense. Appellant’s sentences were to run concurrently. The Fourteenth Court of Appeals affirmed these convictions in a published opinion. Buchanan v. State, 807 S.W.2d 644 (Tex.App—Houston [14th Dist.] 1991).

We granted appellant’s petition for discretionary review to determine whether the court of appeals erred in upholding the trial court’s practice of allowing jurors to question witnesses by submitting written questions to the court. This Court has since held such a practice to be error which is not subject to a harm analysis. Morrison v. State, 845 S.W.2d 882 (Tex.Cr.App.1992, rehearing denied January 27, 1993). The court of appeals’ opinion was handed down before our decision in Morrison. Therefore, we vacate the judgment of the court of appeals and remand the cause to that court for reconsideration in light of our opinion in Morrison.

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846 S.W.2d 853, 1993 Tex. Crim. App. LEXIS 39, 1993 WL 37428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchanan-v-state-texcrimapp-1993.

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